logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.03.22 2016노3312
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

The main points of the grounds for appeal are as follows: The punishment of the court below (10 months of imprisonment, 2.4 million won of a surcharge) is too unreasonable.

Judgment

The defendant is recognized to commit the crime of this case, and the defendant does not again commit the crime.

It is advantageous to the fact that the situation is different.

However, the operation of illegal game centers, such as the crime of this case, such as promoting a speculative spirit to the general public and impairing a sound sense of labor, there is a need for strict punishment as it does not eradicate considerable and continuous control. The defendant offered this place to the joint defendant A of the court below and offered a proposal to commit the crime of this case.

Even if the defendant plays a key role in the operation of the game room, such as the installation, management, and exchange of a game machine, the degree of participation in the crime is less than that of the defendant.

It is difficult to see that the circumstances after the crime are not good, such as repeatedly committing the crime in 2014 and 2015, even though they were already punished on two occasions due to the same crime in the year of 2014 and 2015 and were punished for a short period of time, and there is a high possibility of confiscing the crime of this case without being aware of it during the suspension period, and reconfising several statements to escape the criminal responsibility of the principal.

In full view of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment in the sentencing conditions indicated in the records, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow